Office of Public Sector Information
PART IV continued
(1) The Secretary of State may by regulations provide for the payment of grants to bodies other than local education authorities whose object or main object is, in his opinion, the promotion of learning or research.
(2) Regulations under subsection (1) above may provide—
(a) for the payment of any such grant to be dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations; and
(b) for requiring bodies to whom payments have been made under the regulations to comply with such requirements as may be so determined.
(3) In section 100(1)(b) of the 1944 Act (grants to persons other than local education authorities) for the words “for the purposes of educational services provided by them or on their behalf or under their management” there shall be substituted the words “by them for the purposes of, or in connection with, the provision (or proposed provision) of educational services”.
(1) Any person who, in the course of business, grants, offers to grant or issues any invitation relating to any award—
(a) which may reasonably be taken to be an award granted or to be granted by a United Kingdom institution; and
(b) which either—
(i) is described as a degree; or
(ii) purports to confer on its holder the right to the title of bachelor, master or doctor and may reasonably be taken to be a degree;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) Subsection (1) above does not apply as respects anything done in relation to any recognised award; and for the purposes of this section a “recognised award” means—
(a) any award granted or to be granted by a university, college or other body which is authorised by Royal Charter or Act of Parliament to grant degrees;
(b) any award granted or to be granted by any body for the time being permitted by any body falling within paragraph (a) above to act on its behalf in the granting of degrees; or
(c) such other award as the Secretary of State may by order designate as a recognised award for the purposes of this section.
(3) An order under subsection (2)(c) above may designate as a recognised award either—
(a) a specified award granted or to be granted by a person named in the order; or
(b) any award granted or to be granted by such a person.
(4) Where in any proceedings for an offence under this section it is shown—
(a) that the defendant granted, offered to grant or issued an invitation relating to an award; and
(b) that an address in the United Kingdom was given in any document issued by the defendant certifying the granting of the award or containing the offer or invitation in question;
the award shall be presumed to fall within subsection (1)(a) above unless it is shown that the defendant took reasonable steps to inform the person to whom the award was granted or any member of the public or particular individual to whom the offer or invitation was addressed that the award was not granted or to be granted by a United Kingdom institution.
(5) In any proceedings for an offence under this section it shall be a defence for the defendant to show—
(a) that the award in question was granted or to be granted by virtue of authority conferred on or before 5th July 1988 by a foreign institution on the body granting the award; and
(b) that the defendant took reasonable steps to inform the person to whom the award was granted or any member of the public or particular individual to whom the offer was addressed that the award was granted or was to be granted by virtue of authority conferred by a foreign institution.
(6) For the purposes of subsection (5) above, where—
(a) on or before 5th July 1988 authority was conferred by a foreign institution on a body to grant awards of any description for a period expiring after that date; and
(b) new authority is conferred by the institution (whether before or after the expiry of that period) on the body to grant awards of that description;
the new authority shall be taken to have been granted on or before that date.
(7) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent and connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(8) Proceedings for an offence under this section shall not, in England and Wales, be instituted except by or on behalf of a local weights and measures authority or the chief officer of police for a police area.
(9) Nothing in this section shall apply in relation to the granting of an award to a candidate who—
(a) before 12th May 1988 began to undertake a course of education approved by the person granting the award in preparation for an examination to qualify for the award; and
(b) whether before or after that date, passes the examination;
and in this subsection “examination” includes any form of assessment and the reference to passing an examination shall be construed accordingly.
(10) For the purposes of this section—
(a) a “United Kingdom institution” means any institution established in the United Kingdom, other than one which is, or is affiliated to or forms part of, an institution whose principal establishment is situated outside the United Kingdom;
(b) a “foreign institution” means any institution other than a United Kingdom institution; and
(c) the reference to issuing an invitation relating to any award includes in particular the issuing of any circular, prospectus or advertisement relating to an award, whether addressed to the public generally, to any section of the public, or to any particular individual or individuals.
(1) It shall be the duty of every local weights and measures authority to enforce the provisions of section 214 of this Act within their area; and such an authority shall, whenever the Secretary of State so directs, make to him a report on the exercise of their functions under this section and section 214 of this Act in such form and containing such particulars as he may direct.
(2) A duly authorised officer of a local weights and measures authority may, at all reasonable hours and on production, if required, of his credentials, exercise the following powers, that is to say—
(a) he may, for the purpose of ascertaining whether any offence under section 214 of this Act has been committed, enter and search any premises which he reasonably believes may be used for or in connection with the carrying on of a business which is concerned with the granting of awards which are not recognised awards;
(b) he may, for that purpose, require any person carrying on or employed in connection with any such business to produce any documents or other items relating to the business and may take copies of any such document;
(c) he may require any information which is contained in a computer and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible if he has reason to believe that it may be evidence of the commission of an offence under that section; and
(d) he may seize and detain anything which he has reason to believe may be evidence of the commission of an offence under that section.
(3) In subsection (2) above “recognised award” has the same meaning as in section 214 of this Act.
(4) If a justice of the peace, on sworn information in writing—
(a) is satisfied that there is reasonable ground to believe that any documents or other items which a duly authorised officer has power under this section to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of an offence under section 214 of this Act; and
(b) is also satisfied either—
(i) that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this subsection has been given to the occupier; or
(ii) that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return;
the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise an officer of a local weights and measures authority to enter the premises, if need be by force.
In the application of this subsection to Scotland, “justice of the peace” shall be construed as including a sheriff.
(5) An officer seizing any documents or other items in the exercise of his powers under this section shall inform the person from whom they are seized.
(6) An officer entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant under subsection (4) above he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.
(7) Section 29 of the [1968 c. 29.] Trade Descriptions Act 1968 (penalty for obstruction of authorised officers) shall apply as respects the obstruction of an officer acting in pursuance of this section as it applies as respects the obstruction of an officer acting in pursuance of that Act but with the substitution in subsection (1)—
(a) of a reference to this section for the reference to section 28 of that Act; and
(b) of a reference to his functions under this section for the reference to his functions under that Act.
(8) Nothing in this section shall be taken to compel the production by a solicitor of a document or other item containing a privileged communication made by or to him in that capacity or to authorise the taking of possession of any such item which is in his possession.
(9) Nothing in this section shall be taken as authorising a local weights and measures authority in Scotland to institute proceedings for an offence.
(1) For the purposes of sections 214 and 215 of this Act, any body for the time being designated by order made by the Secretary of State as appearing to him to be a recognised body shall be conclusively presumed to be such a body.
(2) The Secretary of State shall compile, maintain and publish by order a list including the name of every body which appears to him to fall for the time being within subsection (3) below.
(3) A body falls within this subsection if it is not a recognised body and either—
(a) provides any course which is in preparation for a degree to be granted by a recognised body and is approved by or on behalf of the recognised body; or
(b) is a constituent college, school or hall or other institution of a university which is a recognised body.
(4) In this section “recognised body” means a body falling within section 214(2)(a) or (b) of this Act.
(1) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is only made for purposes corresponding to the purposes of sections 214 to 216 of this Act—
(a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule; but
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2) Her Majesty may by Order in Council direct that those sections shall extend to any of the Channel Islands with such adaptations and modifications (if any) as may be specified in the Order.
(1) The Secretary of State may by regulations make provision—
(a) for requiring persons employed as teachers at schools, subject to such exceptions as may be provided for by or under the regulations, to be qualified teachers;
(b) for requiring persons employed as teachers at institutions falling within subsection (10) below to possess such qualifications as may be determined by or under the regulations;
(c) for requiring persons employed as teachers at schools and such institutions to serve probationary periods;
(d) with respect to the teaching staff to be provided in schools and such institutions;
(e) for requiring the approval of the Secretary of State to be obtained for the use in schools and such institutions of such materials or apparatus as may be specified in the regulations, being materials or apparatus which could or might involve a serious risk to health;
(f) with respect to the keeping, disclosure and transfer of educational records about pupils at schools and such institutions and the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations;
(g) with respect to the duration of the school day and school year at, and the granting of leave of absence from, any schools.
(2) In subsection (1) above “qualified teacher” means a person who—
(a) is a qualified teacher in accordance with any provision made by or under the regulations; or
(b) is determined to be a qualified teacher by the Secretary of State in accordance with any provision so made;
and the regulations may provide for any determination by the Secretary of State under the regulations with respect to a person’s status as a qualified teacher to be made so as to have effect, in such cases or circumstances as may be specified in the regulations, from a date earlier than the determination.
(3) The provision authorised by paragraph (a) of subsection (1) above with respect to exceptions from any requirement imposed by virtue of that paragraph includes in particular provision permitting the employment as there mentioned, in such cases or circumstances and subject to such conditions as may be specified in or determined under the regulations, of persons licensed to teach by the Secretary of State in accordance with any provision made by or under the regulations.
(4) Regulations made by virtue of subsection (1)(f) above may authorise persons who in pursuance of the regulations supply copies of any such records as are there mentioned to charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.
(5) The Secretary of State may by regulations make provision for imposing requirements as to the health and physical capacity of—
(a) teachers at schools and institutions falling within subsection (10) or (11) below;
(b) teachers employed by local education authorities otherwise than at schools or such institutions; and
(c) persons employed—
(i) by local education authorities; or
(ii) by the governing bodies of schools or such institutions;
in work otherwise than as teachers which brings them regularly into contact with persons who have not attained the age of nineteen years.
(6) The Secretary of State may by regulations make provision for prohibiting or restricting the employment or further employment of persons—
(a) as teachers at schools and institutions falling within subsection (10) or (11) below;
(b) by local education authorities as teachers otherwise than at schools or such institutions; or
(c) by local education authorities or by the governing bodies of schools or such institutions in such work as is mentioned in subsection (5)(c) above;
on medical grounds, in cases of misconduct and, as respects employment or further employment as a teacher, on educational grounds.
(7) The Secretary of State may by regulations make provision requiring his approval to be obtained for the provision of new premises for, or the alteration of the premises of—
(a) any school or institution falling within subsection (10) below; or
(b) any boarding hostel provided by a local education authority for pupils attending any school or any such institution;
and for the inspection of any such hostel.
(8) In section 63(2) of the 1944 Act (exemption from building regulations, etc.) references to plans approved by the Secretary of State shall include references to any particulars submitted to and approved by him under regulations made by virtue of subsection (7) above.
(9) The Secretary of State may by regulations make provision—
(a) with respect to the fees to be charged for courses of further education at institutions falling within subsection (10) or (11) below;
(b) for requiring his approval to be obtained for the provision at such institutions of courses designated by or under the regulations as courses of initial teacher training;
(c) for enabling him to give directions for the discontinuance of any such course at such an institution or as to the number and categories of students to be admitted to such courses at such institutions; and
(d) with respect to institutions in Wales falling within subsection (10) below—
(i) for requiring his approval to be obtained for the provision at such institutions of courses of higher education; and
(ii) for enabling him to give directions for the discontinuance of any such course at such an institution or as to the number and categories of students to be admitted to such courses at such institutions.
(10) An institution falls within this subsection if it provides higher education or futher education (or both) and either—
(a) it is maintained by a local education authority; or
(b) it is designated by or under the regulations as an institution substantially dependent for its maintenance on assistance from local education authorities or on grants under section 100(1)(b) of the 1944 Act.
(11) An institution falls within this subsection if it is an institution within the PCFC funding sector.
(12) In this section “school” means any school maintained by a local education authority, any special school not so maintained or any grant-maintained school.
(13) Section 27 of the 1980 Act (which is superseded by the preceding provisions of this section) shall cease to have effect.
(1) Section 67(1) of the 1944 Act (determination of disputes and questions) shall apply in relation to—
(a) the governing body of an institution which is maintained by a local education authority and provides higher education or further education (or both); and
(b) the governing body of a designated assisted institution;
as it applies in relation to the governors of a school.
(2) Section 68 of the 1944 Act (power of Secretary of State to prevent unreasonable exercise of functions) shall apply in relation to—
(a) the governors of a special school maintained by a local education authority;
(b) the governing body of a grant-maintained school;
(c) the governing body of an institution which is maintained by a local education authority and provides higher education or further education (or both);
(d) the governing body of a designated assisted institution; and
(e) a higher education corporation;
as it applies in relation to the governors of a county or voluntary school.
(3) Section 99(1) and (2) of the 1944 Act (powers of Secretary of State in default of local education authorities and governors)—
(a) shall apply in relation to a special school maintained by a local education authority and the governors of such a school;
(b) shall apply in relation to a grant-maintained school and the governing body of such a school; and
(c) shall apply in relation to—
(i) an institution which is maintained by a local education authority and provides higher education or further education (or both); and
(ii) a designated assisted institution;
and in relation to the governing body of such an institution;
as it applies in relation to a county or voluntary school and the governors of such a school.
(1) The Audit Commission for Local Authorities in England and Wales (the Commission) may, at the request of the appropriate body, promote or undertake studies designed to improve economy, efficiency and effectiveness in the management or operations of the Polytechnics and Colleges Funding Council, a higher education corporation or the governing body of a grant-maintained school.
(2) For the purposes of subsection (1) above “the appropriate body” is—
(a) with respect to studies relating to the Polytechnics and Colleges Funding Council, the Council;
(b) with respect to studies relating to a higher education corporation, that Council or the corporation; and
(c) with respect to studies relating to the governing body of a grant-maintained school, the governing body.
(3) The Commission may, at the Council’s request, give the Council advice in connection with the discharge of the Council’s functions under paragraph 18(2)(b) of Schedule 7 to this Act.
(4) The Commission may, at the request of a higher education corporation or the governing body of a grant-maintained school—
(a) advise them in connection with the appointment of persons to audit their accounts; and
(b) arrange for their accounts for any financial year to be audited by such of the Commission’s officers as the corporation or governing body may appoint.
(5) References in subsection (4) above to the accounts of a higher education corporation include references to any statement of accounts prepared by the corporation under paragraph 18 of Schedule 7 to this Act.
(6) The Commission shall charge the body at whose request any services are provided under this section such fees as will cover the full cost of providing them.
(1) This section applies to any contract made after 20th November 1987 between—
(a) a local education authority in their capacity as such an authority;
(b) the governing body of an aided or grant-maintained school; or
(c) the governing body of a relevant institution;
and any person employed by them, not being a contract made in contemplation of the employee’s pending dismissal by reason of redundancy.
(2) In so far as a contract to which this section applies provides that the employee—
(a) shall not be dismissed by reason of redundancy; or
(b) if he is so dismissed, shall be paid a sum in excess of the sum which the employer is liable to pay him under section 81 of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978,
the contract shall be void and of no effect.
(3) In this section—
“governing body”, in relation to an institution, includes a body corporate established for the purpose of conducting that institution;
“relevant institution” means any institution within the PCFC funding sector and any institution (other than an institution falling within section 202(3) of this Act) which—
provides higher education or further education (or both); and
is either a designated assisted institution or an institution which is grant-aided or eligible to receive aid by way of grant.
(1) The Secretary of State may by order make such modifications in any enactment relating to employment and, in particular, in any enactment—
(a) conferring powers or imposing duties on employers;
(b) conferring rights on employees; or
(c) otherwise regulating the relations between employers and employees;
as he considers necessary or expedient in consequence of the operation of any of the provisions of this Act mentioned in subsection (2) below.
(2) Those provisions are—
(a) sections 44(2) and (3) and 45(10), section 46(1), (2) and (4), Schedule 3, paragraph 4 of Schedule 4 and section 48 so far as relating to that paragraph; and
(b) subsections (2) to (9) of section 148 and subsections (1) and (3) of section 149.
(3) Before making any order under this section, the Secretary of State shall consult—
(a) such associations of local authorities;
(b) such bodies representing the interests of governors of voluntary schools; and
(c) such organisations representing staff in schools required to be covered by schemes under section 33 of this Act or institutions required to be covered by schemes under section 139 of this Act;
as appear to him to be concerned.
(1) Where personal data are transferred under any provision of this Act to a body corporate established under this Act, section 5(1) of the [1984 c. 35.] Data Protection Act 1984 (prohibition of unregistered holding, etc., of personal data) shall not apply in relation to the holding by that body corporate of the data so transferred or any data of the same description as the data so transferred until the end of the period of six months beginning with the transfer date.
(2) Expressions used in subsection (1) above to which a meaning is given for the purposes of that Act have the same meaning in that subsection.
(1) The persons to whom section 1 of the [1972 c. 11.] Superannuation Act 1972 applies (persons to or in respect of whom benefits may be provided by schemes under that section) shall include—
(a) persons who at any time after the passing of this Act are serving in employment with the company formed and registered under the [1948 c. 38.] Companies Act 1948 and known at the passing of this Act as the Further Education Unit; and
(b) persons who at any time before the passing of this Act have ceased to serve in employment with that company;
and accordingly a reference to that company shall be inserted at the appropriate point in the alphabetical list of “Other Bodies” in Schedule 1 to that Act.
(2) That company shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this section in the sums payable out of money provided by Parliament under that Act.
(1) Notwithstanding the repeal by the 1986 Act of section 31 of the 1980 Act and section 31(8) of the [1963 c. 33.] London Government Act 1963 (which relate to recoupment by local education authorities in respect of provision for education in respect of out of area pupils and were replaced by section 51 of the 1986 Act) those provisions shall (subject to subsection (2) below) have effect, and be deemed always to have had effect, in relation to recoupment by local education authorities in respect of any provision for education made by them before 7th January 1987 (the coming into force of section 51) as if the 1986 Act had not been enacted.
(2) Where a local education authority makes such a claim as is mentioned in subsection (1) or (3) of section 31 of the 1980 Act (whether before or after the passing of this Act), in determining for the purposes of that subsection whether the claim has been made within the prescribed period no account shall be taken of the period beginning on 7th January 1987 and ending on the day on which this Act is passed.
(1) This section applies to any school which—
(a) is situated in a member State other than the United Kingdom;
(b) provides education for pupils who are British citizens, have attained the age of five years but not the age of nineteen years and are residing in that member State;
(c) has a curriculum which, in the case of any pupil at the school, is broadly similar to the curriculum which he would follow if he were a pupil at a maintained school in England and Wales; and
(d) has such other characteristics as may be prescribed.
(2) In the case of a school to which this section applies the Secretary of State shall—
(a) on a regular basis provide the persons responsible for the management of the school with such information relating to educational developments in England and Wales as he thinks appropriate; and
(b) if those persons so request, make arrangements for inspections to be made of the school at such intervals as appear to him to be appropriate by persons appointed as inspectors or additional inspectors under section 77(2) of the 1944 Act.
(3) The Secretary of State shall charge the persons at whose request any inspection of a school is made under this section such fees as will cover the full cost of the inspection.
(4) In this section “maintained school” means any county or voluntary school or any grant-maintained school.
(1) The Secretary of State may incur expenses in connection with the commissioning by him of such work, including programmes of research, development and dissemination, as he may require to be carried out for the purpose of facilitating the discharge, in relation to Wales, of any of his functions under sections 3 and 4 of this Act.
(2) Sections 121, 122 and 129 of this Act shall not apply in relation to institutions in Wales.
(3) The activities eligible for funding under section 132 of this Act shall not include the provision by institutions in Wales of prescribed courses of higher education; and accordingly the power of the Polytechnics and Colleges Funding Council under subsection (7)(b) of that section shall not extend to making grants in respect of expenditure incurred for the purposes of the provision of such courses by institutions in Wales.
(4) The Secretary of State may by order make provision for applying in relation to institutions in Wales, with such modifications (if any) as he considers appropriate, all or any of the following, that is to say—
(a) sections 121, 122 and 129 of this Act; and
(b) the powers of the Polytechnics and Colleges Funding Council in relation to the provision of prescribed courses of higher education.
(1) This section applies to any institution in Wales which—
(a) is conducted by a body corporate; and
(b) has a full-time equivalent enrolment number for courses of higher education which exceeds 55 per cent. of its total full-time equivalent enrolment number.
(2) Where in the case of any institution to which this section applies—
(a) the Secretary of State proposes to make to the body conducting the institution grants under regulations made under section 100(1)(b) of the 1944 Act; and
(b) any land or other property of a local education authority is for the time being used or held, or any subsisting rights or liabilities of such an authority were acquired or incurred, for the purposes of the institution;
the Secretary of State may by order designate the institution for the purposes of this section.
Education Reform Act 1988